CHAPTER 60-10
LABOR DISPUTES, PICKETING AND BOYCOTTS
60-10-1 Conciliation of labor dispute by Department of Labor and Regulation.
60-10-2 Unsuccessful efforts to conciliate--Investigation of matters in difference--Recommendation for settlement.
60-10-3 Appointees of parties to assist in investigations.
60-10-4 Picketing of agricultural premises as misdemeanor.
60-10-5 Boycott of nonunion products as misdemeanor.
60-10-6 Repealed by SL 1978, ch 359, § 3.
60-10-7 Right to strike or right to work unaffected, exception.
60-10-8 Severability of provisions relating to agricultural workers.
60-10-9 Repealed by SL 1989, ch 445, § 1.
60-10-10 Interference with right to work by use of force and violence as misdemeanor.
60-10-11 Obstructing entrance to premises--Interference with use of public way--Unlawful picketing--Misdemeanor.
60-10-12 Labor dispute--Violence and intimidation as misdemeanor--Unlawful destruction or seizure of property.
60-10-13 Repealed by SL 1989, ch 445, § 4.
60-10-13.1 Restrictions on number and location of pickets--Violation as misdemeanor.
60-10-14 Repealed by SL 1978, ch 359, § 3.
60-10-15 Violations of provisions restricting picketing and violence--Prosecutions.
60-10-16 Severability of provisions relating to picketing and violence.
60-10-1. Conciliation of labor dispute by Department of Labor and Regulation.
In case of strikes, lockouts, or other labor disputes between employers and employees, the Department of Labor and Regulation requested by either party, shall endeavor to conciliate the parties to the controversy and induce them to confer with each other and compose their differences.
Source: SL 1949, ch 215, § 3; SL 1959, ch 104; SDC Supp 1960, § 17.1003 (1); SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-10-2. Unsuccessful efforts to conciliate--Investigation of matters in difference--Recommendation for settlement.
If its efforts as conciliator prove unsuccessful, the Department of Labor and Regulation shall, if requested by either party, impartially investigate the matters in difference between the parties. The request to the department shall be mailed within twenty days after the conclusion of the conciliation procedure provided for in § 60-10-1. The department shall give each party ample opportunity for presentation of the facts and shall make a report of the issues involved and a recommendation for settlement of the controversy. The department shall furnish a copy of its recommendation to each of the parties and to any local newspaper for publication for the information of the public.
Source: SL 1949, ch 215, § 3; SL 1959, ch 104; SDC Supp 1960, § 17.1003 (1); SL 1983, ch 24, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-10-3. Appointees of parties to assist in investigations.
The secretary of labor and regulation shall have the right, if he so desires, or if requested by either party, to call in two capable citizens not directly connected with the dispute, one to be named by each party, to assist in the investigation and advise with him as to his recommendations.
Source: SL 1949, ch 215, § 3; SL 1959, ch 104; SDC Supp 1960, § 17.1003 (1); SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
60-10-4. Picketing of agricultural premises as misdemeanor.
No person shall picket, aid in the picketing of, or order to be picketed, the home of any employee or worker on any ranch, farm, feed yard, shearing plant, or other agricultural premise. Violation of this section is a Class 2 misdemeanor.
Source: SL 1943, ch 86, §§ 3, 6; SDC Supp 1960, §§ 17.1107, 17.9915; SDCL, § 60-10-6; SL 1978, ch 359, § 2.
60-10-5. Boycott of nonunion products as misdemeanor.
No person may boycott, assist in boycotting, or order to be boycotted, or otherwise interfere with the movement to market, or the sale of any commodity or farm product because the product may have been produced by nonunion labor or in violation of the orders or policies of any labor union. Violation of this section is a Class 2 misdemeanor.
Source: SL 1943, ch 86, §§ 4, 6; SDC Supp 1960, §§ 17.1108, 17.9915; SDCL, § 60-10-6; SL 1978, ch 359, § 2; SL 1993, ch 375, § 12.
60-10-6. Repealed by SL 1978, ch 359, § 3.
60-10-7. Right to strike or right to work unaffected, exception.
Except as specifically provided in this chapter or chapter 60-9, nothing in §§ 60-9-6 to 60-9-8, inclusive, or in § 60-10-4 or 60-10-5, shall be construed so as to interfere with or impede or diminish in any way the right to strike or the right of individuals to work; nor shall anything in said chapters be so construed as to invade unlawfully the right to freedom of speech.
Source: SL 1943, ch 86, § 8; SDC Supp 1960, § 17.1111.
60-10-8. Severability of provisions relating to agricultural workers.
If any section, paragraph or clause or provision of §§ 60-9-6 to 60-9-8, inclusive, or of §§ 60-10-4 to 60-10-7, inclusive, is declared unconstitutional, such judicial decision shall not affect or invalidate the remainder of said sections.
Source: SL 1943, ch 86, § 7; SDC Supp 1960, § 17.1110.
60-10-9. Repealed by SL 1989, ch 445, § 1.
60-10-10. Interference with right to work by use of force and violence as misdemeanor.
It is a Class 2 misdemeanor for any person, singly or in concert with others, to interfere or attempt to interfere with another in the exercise of his right to work or of his right to enter upon the performance of any lawful employment or vocation, by the use of force, threatening acts, violence or acts of intimidation.
Source: SL 1947, ch 93, §§ 2, 6; SL 1955, ch 65, § 2; SDC Supp 1960, §§ 17.1112 (2), 17.9916; SDCL, § 60-10-14; SL 1978, ch 359, § 2; SL 1989, ch 445, § 2.
60-10-11. Obstructing entrance to premises--Interference with use of public way--Unlawful picketing--Misdemeanor.
It is a Class 2 misdemeanor for any person to engage in picketing by force or violence, or to picket alone or in concert with others in such manner as to obstruct or interfere with free ingress or egress to and from any premises, or to obstruct or interfere with the free use of public streets, sidewalks, or other public ways.
Source: SL 1947, ch 93, §§ 3, 6; SL 1955, ch 65, § 2; SDC Supp 1960, §§ 17.1112 (3), 17.9916; SDCL, § 60-10-14; SL 1978, ch 359, § 2.
60-10-12. Labor dispute--Violence and intimidation as misdemeanor--Unlawful destruction or seizure of property.
It is a Class 2 misdemeanor for any person or group of persons, employee or employees, or any labor union, association or organization, to use or engage in, or threaten to use or engage in violence, intimidation or unlawful destruction or seizure of property in connection with a labor dispute or as a means of forcing settlement of a labor dispute involving any employer, or in connection with any organizational activity of a labor organization among the employees of any employer, or for the purpose of compelling any person to join or become a member of a labor union, organization or association.
Source: SL 1947, ch 93, §§ 4, 6; SL 1955, ch 65, § 2; SDC Supp 1960, §§ 17.1112 (4), 17.9916; SDCL, § 60-10-14; SL 1978, ch 359, § 2.
60-10-13. Repealed by SL 1989, ch 445, § 4.
60-10-13.1. Restrictions on number and location of pickets--Violation as misdemeanor.
A court may, after notice and hearing pursuant to § 15-6-65(a), place reasonable restrictions and penalties for violation thereof upon the number and location of pickets or other persons permitted at any location based upon a finding that repeated incidents of the following nature have occurred:
(1) A violation of any law of the state of South Dakota or the United States prohibiting the use of force, threatening acts, violence or acts of intimidation directed toward any person entering upon, or leaving, the premises of the employer being picketed;
(2) Obstruction or interference with the free ingress or egress to or from the premises of the employer being picketed;
(3) Obstruction or interference with the free use of public streets, sidewalks or other public ways.
It is a Class 2 misdemeanor for any person to violate any such restrictions imposed by a court.
Source: SL 1989, ch 445, § 3.
60-10-14. Repealed by SL 1978, ch 359, § 3.
60-10-15. Violations of provisions restricting picketing and violence--Prosecutions.
The state's attorney of each county has the same duty and responsibility of enforcement of §§ 60-10-10 to 60-10-13.1, inclusive, as is imposed upon the state's attorney by § 60-8-8.
Source: SL 1955, ch 65, § 2; SDC Supp 1960, § 17.9916; SL 2021, ch 108, § 2.
60-10-16. Severability of provisions relating to picketing and violence.
If any provision of §§ 60-10-10 to 60-10-15, inclusive, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of the sections which can be given effect without the invalid provision or application, and to this end the provisions of said sections are declared to be severable.
Source: SL 1947, ch 93, § 7; SDC Supp 1960, § 17.1112 (6); SL 2021, ch 108, § 3.
